1-The Supreme Court decided in favor of Wal-Mart because the plaintiff lacked commonality as a requirement of Rule 23 to be filed a class action law suit. The 1.5 million women expressed too many varying experiences to be justified meeting this commonality requirement. There was not a strong “glue” according to Scalia to hold the argument of the women together against the company. The evidence was clear but had no back up with laws that proved this perspective and ultimately led to the case ruling in favor of the company. Which was unfortunate due to the many different forms of evidence brought to attention. Women being unfairly paid compared to men in accordance to several studies done.